immigration rules

On 15 January 2019, the United Kingdom parliament voted overwhelmingly (by 432 votes to 202) against the withdrawal deal negotiated between the government and the EU. On 16 January the UK prime minister faces a no confidence vote. The government has three parliamentary working days (until 21 January 2019) to present a plan B to parliament for another vote.

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On 20 December, the Home Office laid another Statement of Changes to the immigration rules before Parliament, enabling “resident EU citizens (and their EU citizen family members) with a valid passport” and “their non-EU citizen family members holding a valid biometric residence card” to apply for settled or pre-settled status through the EU Settlement Scheme, from 21 January 2019.

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The UK Home Office has published its long-awaited policy paper on its proposed future skills-based immigration system, designed to replace freedom of movement for EU citizens after Brexit.

According to the proposal, EU (and EFTA) workers will be treated the same as non-European nationals under the existing Points-Based System, but with some amendments to the system following most of the recommendations of the Migration Advisory Committee (MAC) earlier this year.

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Effective 28 January 2019, employers in the United Kingdom will be able to rely on an online right-to-work check to prove the status of prospective employees.

The online Right to Work Checking Service was introduced in April 2018, but currently employers in the UK still need to request paper documents alongside using the service.

The changes will also make it simpler for UK nationals without British passports to demonstrate their citizenship by enabling them to use short birth or adoption certificates, which they can get for free, instead of the long versions.

Tier 1 (Investor)

On 6 December 2018, various press outlets reported, based on an unpublished government press release, that the Home Office had suspended the Tier 1 (Investor) route until further notice.

However, on 11 December 2018 a Home Office spokesperson commented:

“The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules.”

Statement of Changes

The Home Office has published its latest Statement of Changes to the Immigration Rules, announced on 6 December 2018.

The new Statement of Changes does not include most of the reforms to Tier 1 outlined in that announcement.

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UK Visas and Immigration (UKVI) has released further information about its upcoming new Visa and Citizenship Application Service (UK VACS). While the Home Office promises a more streamlined, intuitive process, implementation delays are likely, and applicants considered higher risk are likely to be subject to stricter scrutiny.